On Saturday, May 10, 2025 11:03:31 AM Mountain Standard Time Aigars Mahinovs wrote: > If your entire proposal is based on this assumption about how > copyright and copyright law works, I would expect something more > substantial, like court decisions supporting this radical new > interpretation. And overturning things like Article 4 of EU Directive > 2019/790 granting near complete copyright exception to text and data > mining. This was explicitly referred to in EU AI Directive in context > of the use of training data. And overturning of a *ton* of already > decided "fair use" cases in USA. I know this isn’t a ton of already decided fair use cases, but I saw the following link this morning. https://www.yahoo.com/news/us-copyright-office-thoughts-ai-235936541.html Two quotes from the US Copyright Office. “Although it is not possible to prejudge the result in any particular case, precedent supports the following general observations,” the office said. “Various uses of copyrighted works in AI training are likely to be transformative. The extent to which they are fair, however, will depend on what works were used, from what source, for what purpose, and with what controls on the outputs — all of which can affect the market.” “When a model is deployed for purposes such as analysis or research — the types of uses that are critical to international competitiveness — the outputs are unlikely to substitute for expressive works used in training,” the office said. “But making commercial use of vast troves of copyrighted works to produce expressive content that competes with them in existing markets, especially where this is accomplished through illegal access, goes beyond established fair use boundaries.” As has already been said a number of times in these threads, it isn’t a settled issue whether copyrighted words can be used to train an AI model without the permission of the copyright holder. The answer to that question probably depends on if such training ends up being considered fair use. The above quotes indicate that, according to the US Copyright Office, whether it is fair use could depend on how the AI is used *after it is trained*. -- Soren Stoutner soren@debian.org
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